People v. Davis

Petitioner, under rule 31(a) of the California Rules of Court, seeks relief from his default in failing to file his notice of appeal within the 10-day period required by that rule. The rule itself provides for the granting of such relief in a proper case, and it is now settled law that the power thus conferred should be liberally exercised to avoid, if reasonably possible, the loss of the right to appeal. (See People v. Madrid, ante, pp. 602, 603 [43 Cal.Rptr. 638, 400 P.2d 750], where many of the prior cases so holding are cited and discussed.)

The Attorney General and counsel for the…